Section 60 of the Crimes Act 1900 states:

    1. Any person who assaults, stalks, harasses or intimidates a police officer while in the execution of the officer‘s duty, although no actual bodily harm is occasioned to the officer, is liable to imprisonment for 5 years.
    2. Any person who assaults a police officer while in the execution of the officer‘s duty, and by the assault occasions actual bodily harm, is liable to imprisonment for 7 years.
    3. Any person who maliciously by any means:
      1. Wounds a police officer, or
      2. Inflicts grievous bodily harm on a police officer, while in the execution of the officer‘s duty is liable to imprisonment for 12 years.
    4. For the purposes of this section, an action is taken to be carried out in relation to a police officer while in the execution of the officer‘s duty, even though the police officer is not on duty at the time, if it is carried out:
      1. As a consequence of, or in retaliation for, actions undertaken by that police officer in the execution of the officer‘s duty, or
      2. Because the officer is a police officer.

If you commit an offence under section 60(2) or 60(3) you will be exposed to a standard non-parole period as follows;

  1. Section 60(2): a standard no-parole period of 3 years
  2. Section 60(3): a standard non-parole period of 5 years.

If you have been charged with this offence it will be dealt with in the Local Court unless an election is made by yourself or the DPP to have the matter heard in the District Court

Penalty in the Local Court

If your matter is dealt with in the Local Court the penalty is as follows:

  1. Imprisonment up to 2 years, and/or
  2. Fine of up to $5500.00

The Courts view this offence very seriously. It is rare that you will be shown leniency if you plead guilty or are found guilty of this offence.

Statistics show that 14% of people who plead guilty or are found guilty of this offence receive full-time imprisonment.

When a Police Officer has been assaulted in the execution of their duty the accused is prosecuted with vigor. It is imperative that you seek an experienced Criminal Defence Lawyer.

At Benjamin & Leonardo Criminal Defence Lawyers only an experienced Partner of the Firm will be assigned to your case. The Partners of the firm have represented many people charged with this offence.

A Case Study

Recently, Benjamin and Leo represented 4 co-accused who were facing Resisting Arrest, Intimidate and Assault Police charges. All 4 co-accused left Court without a criminal conviction.

Benjamin Goh appeared in the NSW Court of Criminal Appeal (the CCA) for an appellant who was found guilty at trial of malicious wounding causing grievous bodily harm of a police officer in execution of duty. The CCA quashed the conviction and ordered a new trial. The CCA agreed, that the trial Judge gave inadequate directions in relation to the issue of self-defence as the appellant was only reacting to a “heavy-handed” police officer.

Please contact Benjamin & Leonardo Criminal Defence Lawyers for your FREE conference.

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